Civil Court Judgments (Sichuan Chengdu 2003 Volume, Total First Volume)

Author: Li Yanfen
Publisher:
Publish Date: 2003-10-01
Features: This collection includes 115 various types of adjudicative documents. From the perspective of case nature, the documents in this issue cover three major categories of China's judicial work, including 30 criminal adjudicative documents, 77 civil and commercial documents, and 8 administrative documents. In terms of document types, they are primarily judgments, supplemented by mediations and decrees. From the perspective of case levels, they include first-instance and second-instance adjudicative documents. In terms of document production, they include both meticulously crafted works by frontline judges and exemplary pieces personally demonstrated by court presidents and division chiefs, reflecting the growing trend of adjudicative document reform in our city's courts. The adjudicative documents selected for this book are not all outstanding works; some indeed have certain shortcomings, mainly reflected in:
First, unclear hierarchical structure. For example, some documents fail to categorize the key points of controversy in a hierarchical manner, leading to repetition, lack of focus, and confusion for readers.
Second, inappropriate tone and determination. For instance, a first-instance judgment document states, "Company X failed to provide corresponding valid evidence to support its claim that its product has no hidden flaws or defects, and should bear the civil compensation liability in this case," which reflects an inappropriate allocation of the burden of proof.
Third, insufficient reasoning. For example, a civil judgment document, when commenting on whether the plaintiff's claim had expired due to the statute of limitations, simply states, "Based on the evidence in this case and the facts ascertained during the trial, the court finds that the plaintiff's claim has not expired," which appears overly simplistic and arbitrary.